Zimra official testifies in prominent Bulawayo lawyer Zibusiso Ncube’s trial over US$26 000 capital tax gains case

A Zimbabwe Revenue Authority (Zimra) witness has testified in the case involving prominent Bulawayo lawyer, Mr Zibusiso Ncube, who is accused of misappropriating US$26 000 money meant to pay capital gains tax.

Ncube appeared on Tuesday before Bulawayo Regional Magistrate Mr Mathew Mutiro facing charges of theft of trust property under Section 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

He is represented by Advocate Reginald Mutero from Harare and Thabekhulu Dube.

The complainant, Ms Debra Anne Montocchio, director of Foojip Investments (Pvt) Ltd, testified saying:“I gave the money to Ncube’s law firm but I did not hand it to Mr Ncube.”

A Zimra official who did not state his name, also testified: “My superiors tasked me to contact Ncube. After that, I called him directly on his phone and he would tell me that he would come and pay.

“He would give a date but would not come on that particular day. After that, I decided to send emails via his law firm email, but still he would give me empty promises.”The matter was postponed to 23 April for continuation of trial.

Prosecutor, Mr Vhusani Moyo told the court that Ncube allegedly unlawfully converted US$26,000 entrusted to him to pay capital gains tax to the Zimbabwe Revenue Authority (Zimra) in a land transaction involving Foojip Investments (Pvt) Ltd.

Sometime in 2021, Ncube acted on behalf of Qoki Zindlovukazi Investments (Pvt) Ltd in the purchase of a 38.8495-hectare property known as Subdivision E of Douglasdale for US$520 000. After the agreement of sale was signed, Foojip director Ms Debra Anne Montocchio allegedly gave Ncube US$26 000 to settle capital gains tax, said Mr Moyo.

Ncube reportedly acknowledged receipt of the funds on 12 January 2022 and undertook to remit the money to Zimra and secure a tax clearance certificate.

However, the State alleges he failed to pay the tax, diverted the funds for personal use, and provided false assurances when pressed for proof of payment. The matter was later reported to the police, leading to his arrest.